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HomeMy WebLinkAbout1988-08-15 358 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 15, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 15, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager I Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if any of the Commissioners wished any of the items removed from the Consent Items for discussion. City Manager Wysocki asked that the request for vacation of a portion of Cottonwood Street, as submitted by Bill Roller, be removed from the Consent Items for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of August 1, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the special meeting of August 3, 1988 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the min- utes of the special meeting of August 10, 1988 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowled e recei t of petition for re-creation of SID No. 654; Commission Resolution No. 2708 - I intent to re-create I o. 654 - paving, curb and gutter and storm drainage along Lea Way City Manager Wysocki submitted to the Commission a petition, containing signatures of owners of six of the nine lots involved, requesting that Special Improvement District No. 654, to provide for paving of Lea Way, be re-created. He stated this request has been submitted be- cause the amount for which this district was originally created was too low to cover all of the costs of the project. He noted the property owners were given the options of covering the ad- ditional costs up-front or proceeding with re-creation of the district; and they have chosen the latter. He then recommended that the Commission acknowledge receipt of this petition. City Manager Wysocki then presented Commission Resolution No. 2708, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2708 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RE-CREATE SPECIAL IMPROVEMENT DISTRICT NO. 654 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLA- TION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER AND STORM DRAINAGE IMPROVEMENTS ON A PORTION OF LEA WAY AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS. The City Manager stated that this resolution indicates the City's intent to re-create the subject district in the amount of $56,100, rather than the original $48,000. He then recommend- I ed that the Commission adopt Commission Resolution No. 2708, re-creating said district, and set a public hearing date for September 6, 1988. Commissioner Martel asked if this action is necessary because the construction bids were higher than anticipated. The City Manager stated that the construction bids were within $500 of the engineer's estimate; however, all of the additional costs involved caused the total amount of the project to be higher than the amount for which the district was originally created. 08-15-88 359 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission acknowledge receipt of the petition for re-creation of Special Improvement District No. 654. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the I Commission adopt Commission Resolution No. 2708, declaring it to be the City's intention to re- create Special Improvement District No. 654 for paving, curb and gutter and storm drainage along Lea Way, and set the publ ic hearing for September 6, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commission Resolution No. 2709 - amendin Article VI I I, paragraph 8.02 of the I nterlocal A ree- ment or MMIA to expand board membership City Manager Wysocki presented Commission Resolution No. 2709, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2709 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ARTICLE VIII, PARAGRAPH 8.02 OF THE INTERLOCAL AGREEMENT CREATING THE MONTANA MUNICIPAL INSURANCE AUTHORITY. The City Manager stated that this resolution will authorize expansion of the Board for the Montana Municipal Insurance Authority for the existing nine-member board to a thirteen-member board. He noted this will provide for a broader representation of the communities in this pro- gram. He then recommended that the Commission adopt this resolution. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2709, providing for expansion of the number of members on the Board for the Montana Municipal I nsurance Authority. The motion carried by the follow- I ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Commission Resolution No. 2710 - authorizing issuance, awarding of sale, and prescribing the form and terms and the covenants of the Cit for payment for $2,936,000 Pooled S ecial Improve- ment District efunding Bonds, Series 1988 City Manager Wysocki presented Commission Resolution No. 2710, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2710 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $2,936,000 POOLED SPECIAL IMPROVEMENT DISTRICT REFUNDING BONDS, SERIES 1988A (SPECIAL IMPROVEMENT DISTRICT NOS. 599, 605,621,622,623,624,625,629 AND 630); AUTHORIZING THE ISSUANCE, AWARDING THE SALE, AND PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT THEREOF. The City Manager stated that this resolution has been prepared by bond counsel for this refinancing. He noted that the resolution is based on the proposal which was submitted by Kreg Jones, D. A. Davidson, and accepted by the Commission at its meeting of July 25, 1988. He stated the percentages for the first two payment periods seem high, asking Administrative Ser- vices Director Gamradt to indicate the reason. The Administrative Services Director stated that D. A. Davidson recovers its administra- tive costs and fees through the issuance of supplemental B coupons on the bonds. He noted the interest rate on the supplemental B coupons is 3.147 percent, spread over the entire dollar I amount of the bonds. He indicated that the firm wishes to recover its costs in a short period of time; therefore, that total dollar amount is reflected in the first two payment periods, inflating the interest rate for them. He stated this does not change the dollar amount or the interest rate quoted in the previously-accepted proposal. In response to a question from Mayor Stiff, Administrative Services Director Gamradt stated that the .5 percent to be added by the City for purposes of enhancing the cash flow is not addressed in this resolution. He noted this resolution addresses the bond issue; and the .5 percent is to be added during the assessment process. 08-15-88 360 City Manager Wysocki noted that refinancing of the bonds for the districts listed above will result in lower interest costs. He then recommended that the Commission adopt this reso- lution. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve Commission Resolution No. 2710, authorizing the issuance, awarding the sale and prescribing the form and terms and covenants of the City for the Pooled Special Improvement District Refunding Bonds, Series 1988A. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - review of revised draft policy re sidewalks City Manager Wysocki submitted to the Commission a revised draft policy concerning side- walks, prepared by Director of Public Service Phill Forbes following the Commission meeting of July 25. Director of Public Service Phill Forbes briefly reviewed some of the revisions which have been made as a result of Commission discussion on the first draft. He noted this draft contains a design policy as well as an implementation policy. He indicated that items discussed but not included in this draft include the provision for a walkway on the street and sidewalks installed on only one side of the street. He also suggested that the Commission may wish to establish a definition for the "business district" as used in this policy. Commissioner Vant Hull asked if the issue of whether a sidewalk may be installed along one side of the street with properties across the street sharing in the assessments has been submitted to the Attorney General for an opinion. The City Manager indicated it has not been to date; and the Commissioner requested that it be done as soon as possible. The Commission then reviewed the design pol icy, item by item, as follows: "Width. " The Commission concurred that the definition of "downtown business" should be addressed. They further concurred that the sidewalks along Main Street should be 10 feet wide I while sidewalks in other commercially developed areas should be 5 to 10 feet wide, with consist- ency with other sidewalks already installed in the area being considered by the City Engineer. They further concurred that all other sidewalks should be a minimum of 5 feet in width. The Commissioners discussed providing for flexibility in the policy. The Director of Public Service expressed concern about flexibility being written into the policy, noting that creates problems, particularly in a single-family residential area. He also cautioned that ex- ceptions should not be listed in a policy. II Location. II The Commissioners concurred with the draft policy. "Grade. II The Commissioners concurred in the concept for this item; however, they sug- gested that it be worded slightly differently. "Options: Width. II The Director of Public Service stated that he anticipated that 4-foot sidewalks would be allowed on a block, in a development or in an area, not for just a lot. He noted the cost difference between installation of a 4-foot and a 5-foot sidewalk does not justify decreasing the required width of the walk. Commissioner Hawks suggested that a change in width from 5 feet to 4 feet when using a curvi linear design to go around a tree or shrubs could be helpful. He noted that the width could be tapered slowly so that it would be visually appealing and not create a hazard for those using it. He indicated that flexibility on the width of the sidewalk should be available to pro- perty owners, even though it may be seldom used. The Director once again cautioned the Commission that flexibility and exceptions in the policy will create problems for the staff and ultimately the Commission. He noted that the pol icy I should establish a standard for a majority of situations, with the exceptions being addressed on an individual basis as necessary. Commissioner Goehrung noted the policy should provide a standard for the installation of sidewalks. He stated one concern is for safety of those using the sidewalks, particularly the visually impaired. He noted that to change the location or structure of the sidewalk could cause confusion and possibly injury. He also reminded the Commission that a large portion of the year, sidewalks are under snow; and width changes for short spans within a block could cause one to lose reference for the edge of the sidewalk. 08-15-88 361 Commissioner Goehrung then asked if landscaping in the sight triangles is to be address- ed under this policy, noting that drivers and pedestrians must be able to see when approaching an intersections. The Director stated that sight triangles are addressed in the Zone Code; and he feels that is adequate. Mayor Stiff stated that he prefers 5-foot sidewalks, noting that they allow room enough I for people walking abreast to meet others. He also noted that the 5-foot sidewalk also provides the room to maneuver a wheelchair while leaving space for others to move as well. He stated that he feels few exceptions should be made to this width requirement. Commissioner Martel indicated that a 4-foot sidewalk could be an option; however, he sug- gested that it should be avai lable only through Commission approval. Commissioner Vant Hull suggested that the transition from 5-foot to 4-foot sidewalks should be addressed under this item. "Options: Location. " City Manager Wysocki stated that the 4-inch caliper tree and ever- green shrubs and mounding were listed as landscaping around which the sidewalk could be placed. He noted that 4-inch caliper trees and smaller can be moved by a landscaping company; however, larger ones cannot be. He also noted it is difficult to successfully relocate evergreen trees. The Commission concurred with this option as written. "Options: Grade. " No options are available; and the Commission concurred. The Commission reviewed the implementation policy, item by item, as follows: 1. "Sidewalks required in all areas of the City except those zoned M-1, M-2, PLI." The Commissioners concurred. Commissioner Vant Hull suggested, however, that No. 7 below should be listed as a sub-category of this item. 2. "Sidewalks required on both sides of street." Commissioner Vant Hull stated she feels there are situations where sidewalks along one side of the street would work. The Commission concurred with this item as written. I 3. "Installation required as ordered by City Commission." Commissioner Hawks stated he feels a prioritized program should be developed, with the highest need areas receiving the high- est priorities. Commissioner Martel suggested this item should allow for property owners to petition for the installation of sidewalks in an area, rather than just the Commission ordering in the side- walks. The Commission concurred with this item, noting that safety must be addressed and indi- cating support for allowing property owners to petition for installation of a sidewalk. 4. "I nstallation required when 50% of the lots in an identifiable area are developed." City Manager Wysocki noted this item has been discussed on three separate occasions; however, the Commission has not adopted this as policy. He stated one of the concerns which has been raised is the breaking up of sidewalk with heavy trucks during construction, which would result in rebuilding the sidewalk. Director of Public Service Phill Forbes stated that steps can be taken to bridge the side- walk, simply by building the dirt up on both sides. He noted that the 6-inch section for the driveway could be poured in an estimated location, with adjustments being made as necessary when the driveway is actually poured. He suggested this condition would be appropriate for existing subdivisions and developments, however, he feels that sidewalks should be installed at the same time as streets are in new areas. Mayor Stiff suggested that wording be added to indicate that this item pertains to exist- ing developments and subdivision only. I 5. "All new developments within the city shall install sidewalks before occupancy unless otherwise covered by an approved improvements agreement." The Commission concurred. 6 . "Sidewalks shall not be screened from the street in any fashion." Director of Public Service Forbes stated this item is to address any lengthy obstructions such as hedges or fences. He suggested that deciduous trees should be allowed; however, he suggested that conifers may block the view of the sidewalk from the street too much. He noted this item is to address safety of the pedestrians on the sidewalk, giving them an opportunity to escape to the street if nec- essary. The Commissioners concurred with this item. 08-15-88 362 7. "The resident owners of any subdivision of record of greater than 10 lots may by written petition of 2/3 majority elect to waive sidewalk installation within its boundaries for no more than a 3-year period. This waiver of installation does not apply to sidewalks along arterial and collector roadways. This waiver does not apply to a subdivision adjacent to a subdivision with sidewalks not otherwise separated by an arterial or collector roadway." Commissioner Vant Hull once again noted she feels this item should be listed as an exception to No. 1 and be in- serted as a sub-category under that number. She also indicated support for the originally sug- I gested five-year period, with possible renewal of that waiver through petition. Commissioner Martel stated support for a five-year period with a renewal option. Commissioner Goehrung suggested that if the time period is increased to five years, the percentage should be raised to 75 percent. Commissioner Hawks raised several questions about this item. He suggested that possibly each property should be allowed only one vote, where a husband and wife may be listed as pro- perty owners. He also questioned whether subdivision boundaries are logical boundaries in this instance. He then indicated support for increasing the time period to five years and the per- centage to 75 percent, with an option to renew. He then suggested that the final sentence be eJ iminated. Mayor Stiff expressed concern about this item. He noted the Commission has determined that sidewalks should be installed for pedestrian safety and questioned the liability aspects of allowing an area to petition not to install sidewalks. He questioned whether not wanting a side- walk in front of a person's residence is a bona fide reason for the Commission to set aside its pol icy . Commissioner Vant Hull asked when the petition would be required. Following discussion, it was determined that the petition would be required as soon as a prioritized sidewalk plan is developed, since those areas submitting petitions will cause a change in timeframes for the re- maining areas. 8. "No sidewalks are required on dead-end streets no more than 250 feet deep until ex- tension of the street." The Commission concurred. I 9. "Change in designation of a roadway will not in and of itself require changes to existing improvements within the right-of-way." The Commission concurred. 1 o. "The City shall bear the costs of installation of any sidewalks whose snow removal responsibi lity wi" rest with the City, as defined by Ordinance No. 1171." Commissioner Martel expressed concern about the wording of this item. Director of Public Service Phill Forbes stated that Ordinance No. 1171 was a good refer- ence point for this discussion; and the wording will be changed to reflect the actual wording of that ordinance at the time this policy is finalized. 11. "All identifiable costs associated with exercising any of the design policy options shall be borne by the owner exercising the option." The Commission concurred. 12. "Sidewalks may be installed on private property if two conditions are met: a) a per- manent public sidewalk easement is recorded with the County Clerk and Recorder prior to con- struction, and b) the sidewalk is within the normal setback for that property as identified in the Zone Code." The Commission concurred. 13. "New sidewalks may be warped to match existing hard-surfaced driveways to remain if handicap access is maintained, the cross-slope is not excessive, and the existing surface is in good repair and does not pose a hazard to pedestrians (all as determined by the City Engi- neer). " The Commission concurred. Commissioner Hawks suggested that a No. 14 be added, as follows: "Existing sidewalks which have been thrust out of horizontal line under force may qualify for use of non-standard I materials for repair of the misaslignment." He noted this would address those situations where tree roots have pushed the sidewalk up, rather than requiring that the sidewalk be torn out and replaced. Director of Public Service Forbes indicated that small misalignments could possibly be ad- dressed under this proposed item. Break - 4:05 to 4:10 p.m. Mayor Stiff declared a break from 4:05 p.m. to 4:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 08-15-88 363 Discussion (continued) - review of revised draft policy re sidewalks Mayor Stiff noted several members from the public are present and asked for comments from those wishing to address this draft policy. Mr. Scott Heck, 209 Westridge Drive, stated he is basically opposed to the sidewalk in- stallation policy which the City has been following. He noted that sidewalks should be installed based on traffic and safety, which would probably eliminate the need for No.7. He indicated I that if a petition is required to waive the requirement for installing sidewalks in a subdivision, it should be done immediately since those areas may cause a change in the priority schedule es- tablished by the City. He also indicated that he would like to see the petition be in effect for as long as possible. Mr. Heck then suggested that some area designation other than subdiv- isions may be appropriate, noting that the area commonly referred to as Westridge is actually portions of three separate subdivisions; and one of those subdivision changes is in the middle of a block. He also stated that he feels the waiver should require only a simple majority of signa- tures rather than the two-thirds or three-fourths proposed, indicating that he feels that is fairer. Mr. Heck then stated he does not feel that property owners adjacent to arterials and col- lectors should be required to install those sidewalks; but they should be installed on a city-wide district basis. Mr. Ted Metzger, 107 Silverwood Drive, concurred that it would be in everyone's best interests to address the installation of sidewalks on the basis of traffic and safety, through a prioritized schedule. He noted this would help to make the program more efficient and equit- able. He stated that he lives on a cul-de-sac street where the traffic is basically limited to those who live along the street. He then encouraged the Commission to address those areas with the greatest need first. Mr. Dick McConnen, 2007 Spring Creek Drive, suggested that No. 7 be revised to include the provision that the City Commission may order installation of a sidewalk if installation of sidewalks is needed to serve a clear and present public need. He noted that places the burden I on the Commission for installation of sidewalks in a subdivision rather than requiring the resi- dents to renew that petition after a specified number of years. Mr. McConnen then noted that to require the installation of sidewalks will add a certain amount to the assessments for that property for a number of years. He noted that decreases the amount of monies available for other needs. Mr. Pierce Mullan, 11 Hill Street, noted that one unspoken argument about sidewalks is aesthetics. He stated that his neighborhood does not want sidewalks; and he feels it is a more pleasant neighborhood where people often drive through to observe. He indicated that unless a clear need for sidewalks is established, a neighborhood should be placed low on the list of prior- ities. Mr. Louis McCarl, 105 East Cottonwood Street, stated he lives in the northeast sector, which is the poor side of town. He noted that many of the residents in that area could not afford to install sidewalks; and there is a substantial amount of mature vegetation along the streets. He indicated that a majority of the east/west streets in that area do not have sidewalks and would be impacted by this pol icy. Mr. John Parker, Woodbrook, stated he walks a lot and much prefers to walk on side- walks. He then stated he hopes that the Commission's efforts to have sidewalks installed in most areas of the community are successful. The Commission then discussed possible revision of No.7. Commissioner Hawks indicated that he had suggested a high percentage of signatures for waiver of sidewalks within a subdivision to accommodate those who will vote to keep the costs I down. He noted that public safety and health must be considered when addressing where side- walks are needed; and if the percentage is high, many of the residents may feel that sidewalks are not necessary for safety purposes. Mayor Stiff noted this item does address the areas where installation of sidewalks may not be appropriate. City Manager Wysocki reminded the Commission that the State Statute gives the Commis- sion the authority to order in sidewalks. The Commission asked that a revised copy of this policy be brought back for discussion next week. 08-15-88 364 Discussion - zone code amendment or some other form of Ie islative action to control industries w ich use hazardous materials City Manager Wysocki stated that Commissioner Vant Hull had requested this item be placed on the agenda. Commissioner Vant Hull reminded the Commission that at last week's meeting, the Commis- sion voted to direct staff to prepare a zone code amendment addressing hazardous materials, obnoxious materials, etc.; and she feels that item is so closely related to this issue that it will I probably be adequately addressed. The Commission concurred. Discussion - Commissioner attendance at the Montana League of Cities and Towns Conference to be held in Kalispell on September 14-16; possible bidding for the 1990 Conference to be held in Bozeman City Manager Wysocki asked which Commissioners plan to attend the Montana League of Cities and Towns Conference, which is to be held in KaJispeJI on September 14 through 16, 1988. Commissioners Vant Hull, Goehrung and Martel indicated that they will attend. Commissioner Vant Hull stated that at a meeting of the League Legislative Committee held on Friday, she discussed the requirements for a host city with Alec Hansen, Executive Director of the League. She indicated that the amount of time and personnel required seem to be rela- tively small, noting some service clubs be approached to help if necessary. S he noted the Chamber of Commerce may also be willing to help find items of interest that are not available in other communities for convention participants. She then encouraged the Commission to support bidding for the 1990 Convention in Bozeman. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission state its intention to bid for the 1990 Convention to be held in Bozeman. The motion carried by the following Aye and No vote: Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Review of the "also ran" goals for the general fund I City Manager Wysocki suggested that, due to the late hour of this meeting, review of these goals be deferred; and the Commission concurred. Acknowledge receipt of request submitted by Bill Roller to vacate right-of-way for East Cotton- wood Street I in alon the north side of Lots 4 throu h 12, Block 119, Northern Pacific Addi- tion (between North Church Avenue and North Wallace venue ; refer to staff City Manager Wysocki reminded the Commission that he had requested this item be remov- ed from the Consent I tems for discussion. He stated that under this request, the 60-foot right- of-way for Cottonwood Street would be vacated and replaced with a 30-foot utility easement. Commissioner Vant Hull stated she had asked that this item be removed for discussion, as she has in the past. She noted that the previous Commission discussed the possibility of estab- lishing a fee for alley and street vacations, concurring the issue should be pursued. She then asked if this Commission is willing to re-affirm that position. She noted that the fee could help to cover staff review costs if there is little monetary value to the right-of-way; and a higher fee could be established for those properties with higher appraised values. Commissioner Martel registered concern about the proposal, questioning how much value there is in a 60-foot strip of land. He noted that once the property is vacated, it goes into private ownership and is on the tax rolls. He then stated he does not have a problem with an administrative fee to cover some of the paperwork costs. Commissioner Hawks questioned whether vacation is the only alternative in this situation. He expressed concern about vacating of public streets and alleys, noting that the public right- I of-way may be desired at some time in the future. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the request submitted by Bill Roller to vacate the 60-foot right-of-way for East Cottonwood Street lying along the north side of Lots 4 through 12 of Block 119 of the Northern Pacific Addition and refer it to staff, along with the recommendation that staff draft a proposed policy concerning an administrative fee and a fee based on the appraised value of the subject right-of-way. The motion carried by the following Aye and No vote: those 08-15-88 365 voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung and Mayor Stiff; those voting No, none. Discussion re Commissioners' salaries City Manager Wysocki stated that Commissioner Hawks had requested this item be placed on the agenda. I Commissioner Hawks noted that under the present ordinance, the Commissioners are not paid if they are not in attendance at a meeting. He stated that the Commissioners do review the information for the meeting and do the preparatory work, even though they may not be at the meetings, to remain abreast of the issues. He indicated that he feels the Commissioners should be compensated for authorized absences since they do the work, noting it is a justifiable expense to the City. He noted some concern has been expressed about potential abuse of this change. He indicated that if the ordinance were written to address authorized absences, any unauthorized absence would result in no pay for the meeting. He stated if an individual sought frequent authorization, it might be possible to not authorize the absence. Commissioner Hawks noted that the suggestion of a monthly salary has been suggested. He indicated that he would prefer a weekly amount, noting it will be easier to deduct monies when necessary. He further noted that to establish a weekly salary would eliminate the need to waive payment for special meetings. Commissioner Vant Hull stated support for Commissioner Hawks' proposal. She noted there are times when Commissioners miss meetings due to business trips for the City, such as the National League of Cities Congress of Cities; and she feels it is unfair that they are not paid. Commissioner Martel indicated support for the concept, noting that this does not give the Commissioners authority to miss meetings without prior notification and still get paid. Commissioner Goehrung indicated support for Commissioner Hawks' proposal. He suggest- ed that a Commissioner be required to submit a memo indicating the date for which he/she re- I quests an authorized absence and the reason, noting the request would then be subject to peer review by the other Commissioners. Mayor Stiff stated he is not comfortable with the proposal, but prefers the current ordin- ance. He expressed concern that a change in policy could result in operating with less than a full Commission more often than occurs now. He also noted that this proposal basically results in a salary increase for Commissioners; and he has a problem with that. The Mayor then noted that he knows of no instance when a Commissioner did not receive authorization for a requested absence. Commissioner Martel noted there may be emergencies that arise; however, the Commis- sioner could notify someone of the necessary absence before the meeting and action concerning authorization of that absence could take place after the fact. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the ordi- nance be revised to establish a rate per week, with unauthorized absences resulting in a pay deduction, at the discretion of the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Commissioner Hawks; those voting No being Mayor Stiff. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) The water use report for the week ending August 10, 1988. I Commissioner Martel suggested that the watering restrictions be revised to the odd/even system without hours rather than the existing restrictions. Following brief discussion, the Commissioners concurred that the existing watering re- strictions should remain in effect. (2) A letter from the Government Finance Officers' Association dated August 4, 1988 indicating that the City has received the Certificate of Conformance for Fiscal Year 1988. Mayor Stiff noted that Bozeman and Billings are the only two cities in Montana to receive this Certificate. 08-15-88 366 Commissioner Hawks indicated he would like to see recognition of some type forwarded to those staff members involved in maintaining the City's accounting records in a manner which de- serves th is award. City Manager Wysocki suggested that the Mayor could write a short note to the Finance Department; and the Commission concurred. (3) A copy of the agenda for the Chamber of Commerce Governmental Affairs Committee meeting to be held on Monday, August 15, 1988. I (4 ) A copy of the advertisement for vacancies on the Historic Preservation Advisory Commission and the Board of Appeals. Commissioner Hawks requested that the Clerk of the Commission contact the previous applicants for the Historic Preservation Advisory Commission to determine if they are still in- terested in serving on this committee. (5) A copy of the letter dated August 4, 1988 from Di rector of Publ ic Service Phi II Forbes to Gregory A. Wermers, Water Development Bureau, Department of Natural Resources and Conservation concerning the Lyman Creek water system improvements. (6) A letter from Attorney McKinley Anderson, dated July 19, 1988, concerning the proposed sale of lots on South Willson Avenue to the City for use as a parking lot. The City Manager stated that the Parking Commission has considered this proposal and has notified the attorney that the subject location is not suitable for a downtown parking lot. He then indicated that two houses immediately north of the subject site are currently being moved to provide a parking lot for the Methodist Church. Commissioner Vant Hull noted the subject parcel is located in an R-4 district, and use as a parking lot would require a master plan amendment as well as a zone map change and a condi- tional use permit. She suggested that the property owners be made aware of the process that would be required for this type of development. She also noted that residents in that area will be opposed to this type of change, since South Willson Avenue is an historic district. Mayor Stiff stated he does not feel it is the City's responsibility to send a letter to the current property owners concerning that issue. I Commissioner Hawks suggested that a copy of this letter be forwarded to the Planning Department so the staff is aware of the proposed use of the subject property. The City Manager indicated that the staff can contact the property owners and let them know that the proposed use is not allowed under the present zoning. (7) A draft ordinance requiring that abutting landowners maintain the public sidewalk in front of their homes in good repair. The City Manager stated this ordinance will be placed on the agenda for discussion and possible action at next week's meeting. (8) The City Manager stated that he and Director of Public Service Forbes will be in Helena on Thursday to discuss road projects and water projects. (9) Commissioner Vant Hull distributed to the Commission a memo concerning the es- tablishment of a street maintenance district in Helena. She noted that the City Manager of Helena has indicated that it is imperative to hire someone to compile the information because the staff does not have time to adequately address the matter. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for permission to conduct ASMSU Homecoming Parade - October 15, 1988, 10:00 a.m. - Main Street from Buttrey's parking lot to Heeb's parking lot It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- I mission approve the Consent Item as listed above. and authorize and direct the appropriate per- sons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. Recess - 5:30 p.m. Mayor Stiff declared a recess at 5:30 p.m., to reconvene at 8:00 p.m., for the purpose of conducting a work session on the budget for Fiscal Year 1988-89. 08-15-88 367 Reconvene - 8:00 p.m. Mayor Stiff reconvened the meeting at 8:00 p.m., for the purpose of conducting a work session on the budget for Fiscal Year 1988-89. Work session - Budget for Fiscal Year 1988-89 City Manager Wysocki stated this was the time set for continuing the work sessions on the I budget for Fiscal Year 1988-89. He then proceeded to review the general fund budget units, as follows. Director of Public Safety. The City Manager stated that this budget unit, as well as the following three budget units, are included in this proposed budget document simply to balance the summary figures for Fiscal Years 1986 and 1987. He noted that no monies have been appro- priated in Fiscal Years 1988 or 1989. This budget unit was for the Director of Public Safety position, which remained unfilled since Don Barrick retired. Light Maintenance. This budget unit will be eliminated in Fiscal Year 1987. It will not appear in next year's budget, since it will contain no historic figures. Public Health. This budget unit included the City's contribution for the City-County Health Department activities. The City Manager stated that funding for this function is now set up through a 2. 8-mill levy which is assessed all properties located in the County, including those within the Bozeman city limits. He noted that since the County is responsible for those assessments, the monies are handled directly through them rather than through the City's budget. City-County Planning Transfer. Until last year, all planning and zoning activities were handled through the City-County Planning budget unit; and a transfer from the general fund was utilized to balance that budget. He noted that since the zoning activities have now been separated and are budgeted under the general fund, this budget unit may be eliminated. The City Manager then reviewed those budget units under the special revenue funds, as I follows. He noted that each budget unit is for a specific purpose; and each fund carries its own reserve. Commissioner Hawks asked if these funds are under the control of the Administrative Ser- vices Director. Administrative Services Director Gamradt stated that the budget unit for Planning is con- trolled by the City-County Planning Board. He noted that the information for the other budget units is monitored in his office. Commissioner Goehrung asked if there is a specific investment pol icy for these funds. The Administrative Services Director stated that the monies for these funds are a part of the City's pooled cash. He noted that the interest earned on those monies is prorated back to each fund, based on the cash balance. Planning. This budget unit provides funding for the planning operations. He noted that sources of revenue include a 2-mill levy, monies from the County and revenues from various planning activities. The City Manager stated that this fund carries a reserve; and monies are utilized from that reserve as necessary to balance the budget. The City Manager stated that the amount budgeted for salaries is basically the same as last year due to changes in the staff. He then indicated that the monies budgeted for operations this year are basically the same as those budgeted last year. Commissioner Vant Hull asked if the City is experiencing a turn-over in staff due to the salaries. City Manager Wysocki stated the normal life span of a planner is three to four years; and I much of the staff had been here for about that length of time. He then indicated that the sal- aries are behind in relationship to other communities. Commissioner Hawks noted that the Planning staff are not really City employees and sug- gested that the City-County Planning Board be given the opportunity to set those salaries. He noted that the salaries paid here are lower than in other communities and to keep them tied to the raises for other City employees may create problems. Commissioner Martel noted that the salaries for other City employees are lower than those in other communities throughout the State also. 08-15-88 368 Administrative Services Director Gamradt reminded the Commission that a comprehensive job description and salary scale were completed in 1985. He noted that most of the City em- ployees not in bargaining groups are currently at 92 percent of that 1985 wage scale. The City Manager noted that the Commission has agreed to allow some of the inequities and very low salaries to be adjusted during the past two fiscal years; and most of those have now been addressed. He indicated that the entire sca Ie is now ready to move up to reach 100 percent of the 1985 wage scale, hopefully within the next few years. He then cautioned that it I would be dangerous to take a few employees from the middle of this scale and treat them dif- ferently. Comprehensive Insurance. The major change in this budget unit is due to an increase in premium costs due to adjustments in the actuarial requirements for the Montana Municipal In- surance Authority. The City Manager indicated that the amount budgeted under "other" is to cover the deductible for claims, noting the ceiling is $2,500 for anyone claim. I n response to a question from Commissioner Martel, the City Manager stated that an ex- perience modification factor is to be applied to the premium beginning next year, based on the City's record of claims since April 1986. He indicated that should result in a reduction in pre- miums for this community. Commissioner Hawks noted that an article in the last newsletter from MMIA discussed es- tablishing a water and sewer inspection plan. The City Manager stated the City has flushed all of the sewer lines in the past year. He also noted the City has a maintenance plan; and any problem areas are noted for future refer- ence. The Administrative Services Director reminded the Commission that an overall reduction occurred in personnel last year; however, two people were added to the sewer operations to ad- dress sewer maintenance items. Health Insurance. Premiums increased 16 percent from Fiscal Year 1987 to Fiscal Year 1988. The City Manager stated that there has not been a premium increase for this year to date; however, one may occur in January. He then indicated that an employees' committee has I been reviewing various options for insurance coverage that would help maintain current pre- miums. He noted that the City must maintain its costs in this area; and the employees are working to help make it possible. Commissioner Vant Hull noted the State mandates the insurance coverage for police and firefighters. She then asked if the level of coverage is also mandated. The Administrative Services Director stated that the level of insurance coverage to be provided is based on the level of insurance as of a specified year. I n response to questions from the Commission, the City Manager indicated that some form of incentives for wellness are included in each of the bargaining unit agreements. He indicated that with the help of the employees, a suitable alternative should be reached that will allow the City to maintain its costs. Public Employees' Retirement System. This program is mandated by the State. The employer contributes 6.417 percent while the employee contributes 6.0 percent of his/her com- pensation to this retirement fund. Police Retirement. This program is also mandated by the State. The employer contrib- utes 13.02 percent whi Ie the employee contributes 6.0 percent or 7.5 percent of his/ her compen- sation, depending on date of employment. The Administrative Services Director indicated that the State also contributes 15.06 per- cent of the employee's compensation from premium tax on motor vehicle property and casualty in- surance policies. He then reminded the Commission that neither pol ice nor firefighters pay any Social Security deduction. I Firefighters' Retirement. This program is mandated by State, I ike the above two. The employer contributes 13.02 percent while the employee contributes 7.0 percent of his/ her com- pensation. The State also contributes 22.98 percent from premium taxes on insurance risks. Fire Truck. This budget unit will be eliminated from the budget document when no his- toric data remains. It was utilized to account for monies received from the special voted mill levy to purchase the fire ladder truck. Local Government Study Commission. This budget unit will also be eliminated in next year's budget unit since no numbers will remain. 08-15-88 369 The next section includes the following debt service budget units: Recreation Facility G.O. Bonds; Senior Center G.O. Bonds; Library G.O. Bonds; and Municipal Building G.O. Bonds. The City Manager noted that the Senior Center bonds were paid off last fiscal year; and the Municipal Bui Iding bonds were paid off in Fiscal Year 1986. Commissioner Hawks asked if Bozeman is more indebted than most other municipal ities. Administrative Services Director Gamradt stated that with the two existing general obli- I gat ion bond issues and the water revenue bond issue, the City ranks about in the middle for indebtedness; however, with special improvement district bonds added, that ranking would change. He then stated that under State law, the bonded indebtedness may not exceed 28 per- cent of the taxable value in the general fund. He noted that in 1986, the City was $4.8 million below that ceiling; and in 1987 it was $5.3 million under. The City Manager then reviewed the internal service funds, as listed below. The Administrative Services Director stated that the purpose of these two funds is to pro- vide a service to all departments in the City. He noted that supplies for the various depart- ments are purchased through the Purchasing Division; and vehicle maintenance is done internally at the Shop. The various budget units are then charged for these services under departmental allocations; and those monies fund the salaries and operations of these internal service funds. He indicated that depreciation of equipment costing over $250 is reflected in the internal service funds, as well as the enterprise funds. Intergovernmental Supply. No major changes. Intergovernmental Vehicle Maintenance. No major changes. City Manager Wysocki reviewed the budget units I isted under enterprise funds, as follows. Water Operations. The amount budgeted under salaries reflects a reallocation of costs. A portion of these costs are now reflected in the Finance Department and a portion are under the sewer operations budget unit. The amount budgeted under departmental allocations has been divided between this budget unit and the water plant. I Water Plant. Administrative Services Director Gamradt stated that 90 percent of the amount paid for gas and electric services in this budget and the sewer plant is for electricity to operate the motors. The City Manager indicated that monies have been budgeted under the repair and main- tenance of bui Idings for installation of a roof over the entryway and steps. He indicated that the amount budgeted under insurance and bonding has increased substantially, due to prorating of the increased insurance costs. The Administrative Services Director stated that the insurance costs are prorated on the basis of vehicles and expenditures for the past year. He noted that possibly an average of two years should be used as the basis for prorating to even out the increases and decreases. In response to a question from Commissioner Martel, Administrative Services Director Gamradt stated that the City insures most of its vehicles for fire and theft only, with collision insurance being carried on the police cars as well. He indicated that the premiums for all of the City's vehicles total around $27,000 per year. Sewer Operations. The amount budgeted under salaries increases slightly, since the amount in water operations decreased. The amount budgeted under operating supplies has in- creased due to the need for repair materials. The City Manager noted that with the hiring of two additional men for maintenance last year, the need for materials has increased. The amount budgeted under departmental allocations has been split, with the remainder being reflected in the sewer plant budget. The City Manager stated that the staff proposes to have some of the sewer lines television I inspected during this fiscal year to find problem areas; and monies for that project have been budgeted under contracted services. Sewer Plant. The City Manager indicated that the amount budgeted under repair and maintenance of equipment has been increased to accommodate some necessary repairs. He stated the amount under "otherll is for landfill charges; and those costs are projected to drop. Garbage Collection. The amount budgeted under salaries includes substitutes to work when a regular employee is on sick or vacation leave. The City Manager noted that a list of substitutes is maintained for this purpose rather than transferring someone from the street crew, as has been done in the past. He indicated this results in a reduction in costs to this budget 08-15-88 370 unit, since the wage scale is different. He noted that the operations portion of the budget is basically the same as last years, with the only increase being in depreciation based on newer vehicles. Garbage Disposal. This budget unit is basically the same as last year. City Manager Wysocki stated that the Appendix contains a comparison of full-time equiv- alent employees for the past three fiscal years as well as the projections for Fiscal Year 1989. He noted that this budget reflects an increase in personnel; however, the total is still lower I than that for Fiscal Year 1987. Commissioner Hawks noted that the parks and playgrounds have incurred the greatest percentage decrease in employees over the four fiscal years shown. He then asked if there is any way to increase the number of employees to better maintain the City's property and the trees located in the parks. Commissioner Hawks then noted that discussion at last week's meeting included creation of a maintenance district. He suggested that, rather than determining the square footage or linear footage for each lot in the community, a flat fee be established per lot, with an additional charge per tree to those residents whose trees have been maintained in that fiscal year. Administrative Services Director Gamradt indicated that the State Statutes list the various methods of assessment which are allowed; and he does not know if that is an option. City Manager Wysocki noted that timing of this year's youth employment program was such that it did not provide a real benefit to the City. He suggested that the City could possibly obtain workers through the youth program in May to begin work in the cemetery and possibly the parks, which would allow more time for the full-time employees to address tree maintenance on City-owned property. The City Manager stated that the City does not charge a park reservation fee at the pre- sent time; however, he feels one could be establ ished. He noted that such a fee would not pro- duce a large amount of revenue. He indicated that this fee would probably cover the costs of the paperwork for monitoring of the use of parks by large groups. He noted this does avoid the problem of more than one large group wishing to use specific park facilities at the same I time. Commissioner Hawks asked how a viable tree trimming program could be implemented in the community, suggesting that possibly entering into a contract with a private firm might be satisfactory. City Manager Wysocki indicated that it would take one tree trimming crew at least five years to cover the entire community. He also suggested that some fairly extensive contracts could be an option in decreasing the amount of time to initially address the problem; and the City crews could then maintain the trees on a regular basis. He noted that one City crew could possibly trim the trees on the City-owned property while contracts are let to trim all of the re- maining trees in the community. The City Manager stated that a tree replacement program should also be implemented, noting that a large portion of the trees along the boulevards are old green ash trees. Commissioner Martel stated that one knowledgeable individual estimated that it would take a contractor ten years to trim all of the trees on public property, at a cost of $100,000 per year. Mayor Stiff concurred that a tree replacement program should be developed. Commissioner Vant Hull suggested that the City create a tree maintenance district as soon as possible to address this issue. City Manager Wysocki suggested that the City contract with some students from Dick Poh(ls classes at Montana State University to develop an inventory of all of the trees in the com- munity, including the number, type and a categorization of condition, i. e., good, fair, poor. I Mayor Stiff asked about the balance in the Parkland Trust Fund, noting the School Dis- trict is proposing sale of the Christie Park property. He suggested the City should consider purchase of this property, which has already had park-type improvements made, if possible. Commissioner Vant Hull distributed to the Commission a memo dated July 17, 1988 listing various possibilities for increasing revenues. She then requested that these items be reviewed and discussed to determine if any changes need to be made during this budget process. Commissioner Vant Hull stated the first item provides for implementation of an annexation fee. She noted the former Commission concurred that an annexation fee should be established; 08-15-88 371 however, the present Commission has not considered the issue. Following discussion, the Com- mission concurred that an annexation fee should be established, but the method of setting those fees was not. The second suggestion provides for an increase in dog license fees. City Manager Wysocki concurred that the present fees for dog licenses are low, suggesting that they could possibly be raised to $10 for spayed or neutered dogs and $20 for unaltered dogs. He then I noted that at the present time, 400 to 500 dog licenses are issued annually. He suggested that the City could contact the Humane Society to see of they would be interested in conducting a door-to-door campaign to check for unlicensed dogs. He noted the mon ies from those licenses could be divided between the City and the Humane Society to provide some monies for them to make improvements to their facility. It was moved by Commissioner Vant Hull that the fees for dog licenses be raised to $10 for spayed or neutered dogs and $20 for unaltered dogs; and that City staff make arrangements with the Humane Society for surveying the community for unlicensed dogs, with monies from those additional licenses being donated to the Humane Society for improvements to their facility. The motion failed for lack of a second. City Manager Wysocki cautioned that this item has not been placed on the agenda for for- mal action, suggesting that any action on any of these suggestions be deferred until it is. Commissioner Vant Hull then suggested that the Commission consider an increase in the fine for downtown parking tickets. The City Manager stated that the Parking Commission has considered this item and does not wish to increase the fine for downtown parking tickets at this time. Commissioner Vant Hull noted one suggestion listed, fees for park use, has been partially addressed. She noted that large groups leave trash which must be picked up; and she feels that a fee should be implemented to help cover those costs. She also stated that she feels the fee for waiver of the open container should be retained or possibly incorporated into the park reservation fee. I Commissioner Vant Hull stated another suggestion concerns establishment of a street main- tenance district. She noted that this would help alleviate some of the drain on the general fund, allowing those monies to be utilized in another manner. City Manager Wysocki noted the Commissioners have listed a number of items they would like to see addressed through maintenance districts. He then suggested that a right-of-way maintenance district may be the best way to address all of these items. Mayor Stiff requested that further discussion on these suggestions be deferred to a time when the Commission has the time to adequately address each one. City Manager Wysocki indicated that on Monday, the staff will distribute alternative bud- gets for garbage collection, including the addition of a new route, and street maintenance, in- cluding maintenance of the state-highway designated streets. He noted that a memo from Direc- tor of Public Service Forbes concerning Butte's agreement with the Highway Department will also be included for Commission consideration. Mayor Stiff stated he still has concerns about the undesignated reserve. He then indi- cated that he feels this item needs to be addressed, at whatever time the staff deems most ap- propriate. He also expressed concern that the capital improvement program has no funding source for this fiscal year. Administrative Services Director Gamradt reminded the Commission that last fiscal year, the staff proposed that up to $50,000 be transferred from the undesignated reserve to the cap- ital improvement program to fund it; and the Commission concurred. He also noted another item discussed last year was the possibility of closing the energy conservation capital improvement I program into the capital improvement program this year, with all capital improvement projects competing on an equal basis. The Administrative Services Director then stated he is currently working on a policy for reserves. He indicated that he anticipates having the policy ready for Commission consideration within six weeks. Adjournment - 10:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the meeting be adjourned. 08-15-88 372 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 08-15-88